1. The Stated purpose of the Legislature in the
Homestead Act of 1862 is "To secure Homesteads
for actual settlers on the Public Domain. " It is a
condition of California 's Statehood to freely allow
settlers on the Public Domain but California is al
lowing settlers to be charged for securing their
Homestead. But California State subsidiary Santa
Cruz County charges them a fee for their Home
stead (see APPENDICES D and E).
The problem of States charging citizens for doing
business with the federal government is not new
Relying on U.S. Constitution Article 1 Section 8
"To make all Laws which shall be necessary and
proper. " The Supreme Court ruled in 1819 against
Maryland 's taxing a user of a U.S. Bank, (McCul
loch v. Maryland, 17 U.S. 316). With the similarity
between U.S. Constitution Article 4 Section 3
clause 2, Congress "shall have Power to dispose of
and make all needful Rules and Regulations re
specting the Territory or other Property belonging
to the United States " and Article 1 Section 8, the
Plaintiff seeks redress for fines and destruction of
his Homestead built in compliance with Home
stead Certificate 4889 when he refused pay local
building regulators the way McCulloch refused to
pay taxes to the State of Maryland.

2. Certificate 4889 appears as fulfillment of only the
first requirement of United States Constitution
Article 4 Section 3 Clause 2 to dispose of Territory
belonging to the United States. The other require
ments include "to make all needful Rules and Reg
ulations respecting the Territory. " As one of the
first successful settlers in this area in 191 years,
the Plaintiff suggests that a few "needful Rules
and Regulations respecting the Territory " need re
affirmation. Besides (1) above, the U.S. Govern
ment should continue to help Homesteaders as in
the past: Mail Delivery, Rural Electrification are
two.

3. The speech of Cash Entry Act author, Senator Ed
wards of New York which is recorded in the
Abridgment of the Debates of Congress on March
6, 1820 reveals advantages of homesteading: "I
will, at present, content myself with an effort,
merely, to shield the present settlers upon public
lands from merciless speculators whose cupidity
and avarice would unquestionably be tempted by
the improvements which those settlers have made
with the sweat of their brows, and to which they,
have been encouraged by the conduct of the gov
ernment itself [to pre-empt squatters] ." Combined
with land surveys, Cash Entry Land Patents
brought order to the Colonies ' lawless eastern
frontier and continue to this day. Do States
weaken these protections by allowing shortened
title Deeds which do not include the original Pa
tent? Are States violating their enumerated Pow
ers when they pass Marketable Title Acts? Article
1 Section 10 clause 6, Impairing Obligation of Con
tract by states should not allow shortening Chain
of Title to leave a grant

Whether California's requirement that settlers pay a fee to secure a homestead on public lands violates the Homestead Act of 1862 and the conditions of California's statehood